20 February 2012

This excellent news may have been buried over the weekend. Attorney General Eric Holder has notified congressional leadership that the Justice Department will no longer defend laws that prevent gay and lesbian couples from receiving the same military and veterans benefits afforded to their heterosexual counterparts, reported Talking Points Memo.

The Defense of Marriage Act and other laws ban federal recognition of same-sex marriage. The Obama Administration announced last February that it will NOT defend recent lawsuits challenging DOMA.

"The legislative record of these provisions contains no rationale for providing veterans’ benefits to opposite-sex couples of veterans but not to legally married same-sex spouses of veterans,” Holder wrote. “Neither the Department of Defense nor the Department of Veterans Affairs identified any justifications for that distinction that would warrant treating these provisions differently from Section 3 of DOMA."

Holder said DOJ would no longer defend the provisions in Title 38 which prevent same-sex couples who are legally married from obtaining benefits. He said that Congress would be provided a “full and fair opportunity” to defend the statues in the McLaughlin v. Panetta case if they wished to do so.

As Holder writes, the benefits in question "include medical and dental benefits, basic housing allowances, travel and transportation allowances, family separation benefits, military identification cards, visitation rights in military hospitals, survivor benefits, and the right to be buried together in military cemeteries."

The action taken by Attorney General Holder comes after the Servicemembers Legal Defense Network's lawsuit in McLaughlin v. Panetta. The lawsuit announced in October was the second federal lawsuit in as many weeks that targeted the military over DOMA. Only the week before, an 18-year lesbian Navy veteran announced a lawsuit over disability benefits. The decision could also impact more recent litigation, reports the Washington Blade.

Holder’s decision is likely to have a bearing on another lawsuit challenging Title 38 and DOMA, Cooper Harris v. United States. The lawsuit was filed by the Southern Poverty Law Center earlier this month on behalf of Tracey Cooper-Harris, an Iraq and Afghanistan veteran who’s seeking disability benefits for her spouse.

Christine Sun, SPLC’s deputy legal director, said she believes the Holder letter applies to her organization’s lawsuit in addition to the SLDN litigation.

"There’s absolutely no reason why it wouldn’t apply to our case," Sun said. "I believe that it was sent in connection to the McLaughlin case because there was the recent stipulation between SLDN and DOJ to extend the deadline for the government to respond to SLDN’s summary judgment case, but we’re certainly interpreting the letter to say that the Department of Justice won’t be defending Title 38 in our case either."

The Obama Administration will no longer defend these cases ... but it's very likely that counsel hired by House Speaker John Boehner (R-OH) will intervene to defend the litigation.

17 October 2011

The Servicemembers Legal Defense Network will file a federal lawsuit that challenges the Defense of Marriage Act and other federal laws that ban recognition of same-sex marriage. The suit will argue the laws violate the Fifth Amendment right to due process because married same-sex couples are ineligible for the same benefits as their straight counterparts, reports the Huffington Post.

[Aubrey Sarvis, executive director of SLDN], spoke about his group's plans at the OutServe Armed Forces Leadership summit [in Las Vegas] over the weekend. The case would be brought by several currently serving members of the military who were married in the seven jurisdictions where same-sex marriages are legal. He declined to identify the plaintiffs.

"We're looking at all the legal remedies available," Sarvis said, noting that the group also is working to change Title 10 of the U.S. Code, which governs the armed forces and defines marriage as between two individuals of the opposite sex. ...

While gay military couples are now eligible for "member-designated" benefits such as group life insurance, missing member notification and hospital visitation rights, DOMA keeps health care coverage and housing allowances off limits. Base housing or housing allowances and health insurance can account for as much as 40 percent of a service member's compensation, Sarvis noted, yet those benefits are not available to same-sex married service personnel.

"There is a huge disparity between gay and straight service members who are providing equal service, taking equal risks, making equal sacrifices," Sarvis said. "This inequity should not and cannot stand."

This is the second federal lawsuit in as many weeks that targets the military over the Defense of Marriage Act. Last week, an 18-year lesbian Navy veteran announced a lawsuit over disability benefits. But that case names the Department of Veterans Affairs "and does not touch upon the compensation of active-duty service members," adds the report.

The Obama Administration announced in February that it will NOT defend recent lawsuits challenging the Defense of Marriage Act, which prohibits federal recognition and benefits to same-sex couples. If the government chooses not to defend the case, it is likely that counsel hired by House Speaker John Boehner (R-OH) to defend DOMA's constitutionality will take the case.

Jamaica: Student "forced to flee dorm" after students share his videotaped same-sex fantasies . "The tape, which made its rounds on the campus in late November into early December, was about 30 minutes long and involved the student sharing deep secrets and fantasies with the boy he thought was his new-found friend." [The student shared] the names of those he found attractive. [He] revealed that he had a crush on his roommate, but admitted that he could not make a move as his roommate 'is not into those type of things.'"

After sadistic gay-bashing gang initiation, Bronx residents discuss tolerance. "The town hall-style meeting was held a short walk from the vacant house where several young men were viciously beaten in early October. While condemning the attacks, the Bronx Community Pride Center hopes some good can come of them; that the attacks can kick-start a borough-wide conversation and ultimately prevent future hate crimes."

Federal judge hears spousal benefits case: "[Karen] Golinski is suing the Office of Personnel Management and its openly gay director, John Berry, over its refusal to authorize the coverage. The office has argued that the federal Defense of Marriage Act bars the government from recognizing same-sex unions. Golinski works as a staff attorney for the 9th U.S. Circuit Court of Appeals, and her boss, Chief Judge Alex Kozinski, has twice ordered the office to allow her to add her wife of almost two-and-half years to her employer-sponsored family health plan."

21 December 2010

There is a bittersweet ending to the story of Maj. Alan Greg Rogers, an ordained pastor, a U.S. Army Major and intelligence officer who was the first confirmed gay combat fatality of Operation Iraqi Freedom. Rogers was killed in January 2008 when his Humvee was struck by an improvised explosive device while on patrol in Bagdad.

"Pals decorated Maj. Alan Rogers' grave at Arlington National Cemetery Saturday with flowers, a rainbow-colored lei, a Christmas wreath and congratulatory notes. 'Alan, we did it,' one note read. Tony Smith, 40, of Alexandra, Va., said he was one of the first friends to reach Rogers grave after the historic vote. 'I was at the cemetery listening to the radio as Senate voted to repeal Don't Ask Don't Tell,' said Smith. He said he went to Rogers' grave in section 60 and told him the good news. He said Rogers 'would have been proud' his effort were not in vain."

"After the honor guard ceremoniously folded the flag from [Rogers'] coffin in Arlington National Cemetery, it was presented to a cousin. ... The Army asked his surviving family to refrain from discussing it. Not that they likely would have anyway. 'We really didn't know about this until after his death,' Cathy Long, the cousin who was presented with the folded flag, was later quoted saying. 'It was in the back of our minds, but we didn't discuss it.' "

"Statistics dictated that more than 200 gay soldiers and marines have been killed in Iraq and Afghanistan, none of them able to list a special someone. The war drags on and more fine Americans will be buried in Arlington, no doubt some of them gay. At least they will not have given their all while forbidden to fully be themselves. At least those service members will be able to put down a special someone as the person to be notified.

Rogers was posthumously awarded the Purple Heart and profiled in The New Yorker.

At the time of his death, the U.S. Army reportedly asked the Washington Post, MSNBC and other media not to discuss Rogers' sexuality out of "concern of the family." Family members were later incensed when the Washington Blade and mainstream media discussed Rogers' sexuality.

27 October 2010

President Obama briefly visited a late Tuesday meeting at the White House that was focused on legislative repeal of "Don't Ask, Don't Tell" during Congress' lame duck session, reports The Advocate. The meeting was held by House Deputy Chief of Staff Jim Messina and Senior Adviser Valerie Jarrett and brought together representatives of the Center for American Progress, the Human Rights Campaign, Log Cabin Republicans, Servicemembers United, the Servicemembers Legal Defense Network and the University of California Santa Barbara's Palm Center.

"'The President stopped by to directly convey to the participants his personal commitment on this issue,' said a White House official, speaking on the condition of anonymity."

"To my knowledge, it hasn’t taken place yet. But, look, the only way we’re going to get something through the Senate is to change the vote count and to move past—look, you got to get—you’re going to have to get past a promised filibuster and—in moving to the bill. And certainly the only way we can move to that bill is to change some of those votes.

"'Obviously this meeting has gotten out. We are expecting the content of the conversation today to be off the record and to help us figure out how to move forward with the lame duck session. Also as previously mentioned, there can be no discussion of current court cases or legal strategy or Counsel’s Office will end the meeting. The focus is repeal and the lame duck session. This is also a non-partisan meeting where we want everyone’s help.'"

08 July 2010

In May, we wrote an op-ed at The Washington Blade about the Department of Defense's insistence upon surveying troops—and their families—attitudes on repealing "Don't Ask, Don't Tell" and serving with openly gay and lesbians. On Wednesday, the Pentagon Working Group emailed 400,000 surveys to service members to gauge their cpomfort level on "shar[ing] quarters, bathrooms and showers" with gays.

The survey includes questions about the impact the repeal might have
on morale and readiness, and a service member's willingness to share
quarters, bathrooms, and shower facilities with gay or lesbian service
members. The 200,000 active duty and 200,000 guard and reserve forces were
chosen at random for the surveys, which were e-mailed and must be
completed and returned by Aug. 15. A similar survey will be sent to the
family members of service members around the first week in August. Although the identity of all those who respond will remain
confidential, there is a separate link within the survey for those gay
or lesbian service members, who wish to provide additional comment
without fear of being singled out and separated from the service as
required by the existing law.

Unfortunately, since "Don't Ask, Don't Tell" is being still enforced, the Pentagon cannot guarantee that results will not be used against gay or lesbian personnel. Servicemembers Legal Defense Network has issued a warning to gay, lesbian and bisexual troops and says it "cannot recommend that lesbian, gay, or bisexual service members participate in any survey because there is no guarantee of privacy" or that service members will not be outed.

Was there a similar survey emailed to troops before we invaded Iraq and Afghanistan? And why does the world's mightiest military need to ask Mommy and Daddy how they feel about Junior serving with the gays?

07 July 2010

A key Republican senator will not support attempts to remove the "Don't Ask, Don't Tell" repeal amendment from the 2011 National Defense Authorization Act.

Indiana's Richard Lugar tells the Washington Blade that he will not support any attempt to filibuster the NDAA, as has been suggested by Arizona Republican John McCain.

"Asked whether he would support a substitute amendment or a motion to strike, Lugar replied, 'No. I would just leave it as it is.' Lugar said he would 'presume' that he would vote against any filibuster of the defense bill as a whole, but expressed concern about the legislation being used as a vehicle for other costly programs unrelated to 'Don’t Ask, Don’t Tell.' 'The defense bill, as it stands, seems to me to be a good piece of legislation, but I think the issue was the additions that were not paid for in various other ways,' Lugar said."

The ranking Republican on the Senate Foreign Relations Committee is considered somewhat moderate. The Indiana Republican voted in favor of federal hate crimes protections but twice twice backed the Federal Marriage Amendment. Lugar does not support the Employment Non-Discrimination Act.

In other DADT-related news: The Log Cabin Republicans' federal lawsuit challenging "Don't Ask, Don't Tell" is scheduled to go to trial on July 13 in Riverside, California. On Friday, U.S. District Judge Virginia Phillips ruled against the Justice Department's motion to limit evidence and testimony.

24 May 2010

The latest on today's efforts to reach a compromise on "Don't Ask, Don't
Tell" by the White House, the Defense Department, gay rights lobbyists and lawmakers ....

The White House has endorsed the "Don't Ask, Don't Tell" repeal compromise reported earlier, according to emails sent to Rod 2.0 and published reports. "Delayed implementation" retains the current policy until the Pentagon Working Group
study is completed. The President, Secretary of Defense, and Chairman
of the Joint Chiefs will later sign-off on implementation.

Director of the Office of Management and Budget Peter Orzsag:

"The Administration is of the view that the proposed amendment meets the
concerns raised by the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff. The proposed amendment will allow for completion of the Comprehensive
Review, enable the Department of Defense to assess the results of the
review, and ensure that the implementation of the repeal is consistent
with standards of military readiness, effectiveness, unit cohesion,
recruiting and retention. ...The Administration therefore supports the
proposed amendment."

The statement responds to a request for input from Senators Joseph
Lieberman and Carl Levin and Rep. Patrick Murphy. The three pro-repeal lawmakers have been trying to build support for repeal
this year via the National Defense Authorization Act. A vote is expected Thursday.

The "compromise" would repeal "Don't Ask, Don't Tell" and return "open service" authority to the Pentagon. Non-discrimination language would not be included. As of yet, there is no deadline and the Associated Press speculates the process could take "several years" or more.

Pro-repeal advocates welcome the announcement. Servicemembers Legal Defense Network's Aubrey Sarvis says today's developments are a "dramatic breakthrough" that should ensure repeal will be attached to the NDAA.

"The Senate Armed Services Committee is expected to vote by the end of
the week on an amendment to the annual defense spending bill that would
end "don't ask, don't tell," which Congress passed in 1993. Chairman
Carl M. Levin (D-Mich.) favors a repeal, but it is unclear whether he
has enough votes, with six senators on the panel considered undecided,
legislative sources said.

The House is expected to vote on a similar measure this week, based on a
repeal proposal sponsored by Rep. Patrick J. Murphy (D-Pa.), an Iraq
war veteran. The House Armed Services Committee declined to act on
Murphy's bill in passing its version of the defense spending measure
last week, but Speaker Nancy Pelosi (D-Calif.) has told gay advocacy
groups that she will allow a floor vote if there is enough support in
favor of a repeal.

'This is our 'all hands on deck' moment,' said Aubrey Sarvis, executive
director for the Servicemembers Legal Defense Network, which represents
gays who have been drummed out of the armed forces. "For repeal to
succeed, it is critical that all proponents for full repeal weigh in
now, including the White House. We are only a few days away from this
historic vote."

Former Joint Chiefs of Staff Chairman John Shalikashvili—who pushed for DADT in the Clinton Administration and came out for repeal in 2007—wrote a weekend op-ed in the Post. The general advises "delayed implementation"—Congress should repeal DADT
now and the Pentagon should act later.

"If Congress fails to
repeal it, the Pentagon's study process will be compromised because the
Defense Department will not have the authority to implement its own
recommendations.
Fortunately, there is an option that fully respects the secretary's
request to Congress while moving forward on a reasonable timetable.
Congress could repeal the federal statute and return authority to the
military to set rules about gay troops, just as the armed services had
before "don't ask, don't tell" became law in 1993."